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Kasare
Kasare, Solicitor
Category: Family Law
Satisfied Customers: 204
Experience:  Solicitor, 10 yrs plus experience in civil litigation, employment and family law
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Can I make my estranged wife sell our jointly owned home so

Customer Question

Can I make my estranged wife sell our jointly owned home so I can have my share of the money I am entitled to ?
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How long have you lived together and are there any children involved?
How much is the house worth and how much is outstanding on the mortgage?
What other assets and debts are there and what income do you each have?
Clare
Customer: replied 2 years ago.

12yrs + No children.£100,000approx. No mortgage. No other assets or debts. Both are retired so state pension only.

Expert:  Clare replied 2 years ago.
HI
How was the original purchase funded?
How much does a one bedroom or studio property in the same general area cost to buy?
Clare
Customer: replied 2 years ago.

Purchase was funded from sale of my previous house, which I had transferred to joint ownership after marriage. A 1 bed flat/appartment in this area is appox £100,000 to £120,000.

Expert:  Clare replied 2 years ago.
Hi
Where would you both live if the property is sold?
Clare
Customer: replied 2 years ago.

I am living in a Housing Association old peoples flat, and I have been for approx 2 1/2 yrs. I have no idea where my wife wants to go.

Expert:  Clare replied 2 years ago.
Hi
How east would it be for her to be rehoused?
Clare
Customer: replied 2 years ago.

I was offered a flat within 3 months.It seems in this area that there are more places for senior citizens than others.I cant speak for her, as she will not discuss it with me. All I know is that the home is in joint names and I am trying to get on with my life, and it is becoming difficult for me without my money. I suspect that she will have changed her will, and if anything happens to me my children will get nothing. I am 71 this year, and I dont expect to live for ever !

I just want to know if I have any chance of getting my money ????

Expert:  Clare replied 2 years ago.
Hi
Are you willing to start divorce proceedings?
Clare
Customer: replied 2 years ago.

If thats the only way to get my money, yes, but she said when I left she would not divorce me. As I understand it, after 3 years I can get divoced as long as we both agree to the settlement of the assets, but after 5 years I can just divorce her without even involving her.We have been separated 3 yrs. It all comes back to money again, and the reason I want my share of the assets, is because I have no money!!

Expert:  Clare replied 2 years ago.
Hi
Just to check - where was your ex living before she moved in with you?
Clare